2021 Texas Statutes
Transportation Code
Title 7 - Vehicles and Traffic
Subtitle C - Rules of the Road
Chapter 545 - Operation and Movement of Vehicles
Subchapter I. Miscellaneous Rules
Section 545.428. Motor Vehicle Accident Involving Pedestrian or Other Vulnerable Road User Within Area of Crosswalk; Offense
Sec. 545.428. MOTOR VEHICLE ACCIDENT INVOLVING PEDESTRIAN OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE. (a) In this section:
(1) "Electric personal assistive mobility device" has the meaning assigned by Section 551.201.
(2) "Golf cart" has the meaning assigned by Section 551.401.
(3) "Motor-assisted scooter" has the meaning assigned by Section 551.351.
(4) "Neighborhood electric vehicle" has the meaning assigned by Section 551.301.
(b) A person commits an offense if the person with criminal negligence:
(1) operates a motor vehicle within the area of a crosswalk; and
(2) causes bodily injury to a pedestrian or a person operating a bicycle, motor-assisted scooter, electronic personal assistive mobility device, neighborhood electric vehicle, or golf cart.
(c) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the person described by Subsection (b)(2) suffered serious bodily injury.
(d) It is an affirmative defense to prosecution under this section that, at the time of the offense, the person described by Subsection (b)(2) was violating a provision of this subtitle relating to walking, movement, or operation in a crosswalk or on a roadway.
(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Added by Acts 2021, 87th Leg., R.S., Ch. 944 (S.B. 1055), Sec. 2, eff. September 1, 2021.
